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HomeMy WebLinkAbout03-4256Johnson, Duffle, Stewart & Weidner By: Mark C. Duffle I.D. No. 75906 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 7614540 BRUCE J. SZCZYPTA and KIM A. SZCZYPTA, husband and wife Plaintiffs V. RANDI J. EBERTS and JOSHUA A. CHAMBERS, Defendants COMPLAINT FOR CUSTODY PURSUANT TO 23 Pa.C.S.A. §5313 IN CUSTODY AND NOW, this_ day of August 2003, come Plaintiffs, BRUCE J. SZCZYPTA and KIM A. SZCZYPTA, husband and wife, by and through their undersigned attorneys, Johnson, Duffie, Stewart & Weidner, and files this Complaint for Custody, and in support thereof aver as follows: 1. Plaintiffs are Bruce J. Szczypta and Kim A. Szczypta, husband and wife, who reside at 205 Deanhurst Avenue, Camp Hill, Cumberland County, Pennsylvania 17011. 2. Defendant Randi J. Eberts currently resides at 205 Deanhurst Avenue, Camp Hill, Cumberland County; Pennsylvania 17011. 3. Defendant Joshua A. Chambers currently resides at 53 South 19'n Street, Camp Hill, Cumberland County, Pennsylvania, 7011. Attorneys for Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03 -Al.2SL el.-'C7 t;'q CIVIL ACTION - LAW 4. Plaintiffs are the natural parents of Defendant Randi J. Eberts, who is the mother of the child subject to this custody action. 5. Plaintiffs seek custody of the following child: Alexandria Nicole Eberts, who currently resides at 205 Deanhurst Avenue, Camp Hill, Cumberland County, Pennsylvania, and whose date of birth is July 1, 2003. 6. The Plaintiffs, Bruce J. Szczypta and Kim A. Szczypta, are the maternal grandparents of the subject minor child. 7. The Defendants, Randi J. Eberts and Joshua A. Chambers, are the natural parents of the subject minor child. 8. The minor child was born out of wedlock. 9. The minor child is presently in the custody of the Plaintiffs, Bruce J. Szczypta and Kim A. Szczypta and the Defendant, Randi J. Eberts, who currently reside at 205 Deanhurst Avenue, Camp Hill, Pennsylvania. 10. During the past five (5) years, the minor child has resided with the following persons at the following addresses: Persons 1. Bruce J. Szczypta Kim A. Szczypta Randi J. Eberts Amanda E. Eberts Kali J. Milokovic Address 205 Deanhurst Avenue Camp Hill, PA 17011 Duration 07/01/03 - Present 11. The Mother of the minor child is Randi J. Eberts, who currently resides at 205 Deanhurst Avenue, Camp Hill, Cumberland County, Pennsylvania, 17011. She is unmarried. 12. The alleged Father of the minor child is Joshua A. Chambers, who currently resides at 53 South 1 9`h Street, Camp Hill, Cumberland County, Pennsylvania, 17011. He is unmarried. 13. The relationship of Plaintiffs to the minor child is that of maternal grandparents. The Plaintiffs currently reside with the following persons: Mother, the subject minor child, daughter Amanda E. Eberts, and granddaughter Kali J. Milokovic. 14. Defendant Randi J. Eberts currently resides with the following persons: Plaintiff Bruce J. Szczypta, Plaintiff Kim A. Szczypta, the minor child, sister Amanda E. Eberts, and niece Kali J. Milokovic. 15. Defendant Joshua A. Chambers currently resides with the following persons: Debra Chambers, his mother. 16. Plaintiffs have not participated as a party or witness, or in another capacity, in a litigation concerning the custody of the child in this or another Court. 17. Plaintiffs have no information of a custody proceeding concerning the minor child pending in any Court of this Commonwealth or any other state. 18. Plaintiffs do not know of a person who is not a party to these proceedings who has physical custody of the child or claims to have custody or visitation rights with respect to the child. 19. The best interest and permanent welfare of the child will be served by granting the relief requested for the following reasons: a. Defendants are separated and have no prospect for reconciliation and are unable to provide the necessary emotional and financial support for the minor child. b. The Plaintiffs are able to emotionally and financially support the minor child who has physical needs with respect to health care. C. Plaintiff, Kim A. Szczypta, can provide health coverage for the child through her employer should the Court grant her shared legal custody of the minor child. d. The Plaintiffs can provide a stable environment to raise the child. e. Defendant, Randi J. Eberts, consents to the relief requested as she deems to be in the child's best interest and permanent welfare. f. It will be eleven (11) months until Mother can provide full health coverage for the minor child. g. Defendant, Joshua A. Chambers, has been a non responsive and has alleged that he is the father, but there has been no establishment of paternity and his actions to date have mirrored that fact. WHEREFORE, Plaintiffs respectfully request this Honorable Court grant full physical custody and full legal custody of the minor child to them. :216755 Respectfully submitted. JOHNSON, DU?FFIE, STEWA By: r ark C. Duffie Attorney I.D. No. 75 C Attorneys for Plaintiffs CERTIFICATE OF SERVICE AND NOW, this Ti?` day of August 2003, the undersigned does hereby certify that he did this date serve a copy of the foregoing Petition for Special Emergency Relief upon the other parties of record by causing same to be deposited in the United States Mail, first class postage prepaid, at Lemoyne, Pennsylvania, addressed as follows: Randi J. Eberts 205 Deanhurst Avenue Camp Hill, Pennsylvania 17011 Joshua A. Chambers 53 South 19h Street Camp Hill, Pennsylvania 17011 JOHNSON, DUFFIE By' M C. Duff Attorney I.D. VERIFICATION I, BRUCE J. SZCZYPTA, verify that the statements made in this Complaint Custody are true and correct to the best of my knowledge, information and belief. I understand that false statements made herein are made subject to the penalties of 18 Pa. C.S.A. §4904, relating to unsworn falsification to authorities. Date: 6) 0 3 i // . e ce J Szcz VERIFICATION I, KIM A. SZCZYPTA, verify that the statements made in this Complaint Custody are true and correct to the best of my knowledge, information and belief. I understand that false statements made herein are made subject to the penalties of 18 Pa. C.S.A. §4904, relating to unsworn falsification to authorities. Date b/ (,3 +im Szczypta ? 7v ? ? O p, c? c? .? _? ? ? , ,, , --, ? ? ? J <}? , ' --? ? r < > ? _ _ '?> ;n ? '? _? cro =e Johnson, Duffle, Stewart & Weidner By: Mark C. Duffle I.D. No. 75906 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 BRUCE J. SZCZYPTA and KIM A. SZCZYPTA, husband and wife, Petitioners V. Attorneys for Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. b3 -40-M `,C i l >;Q n CIVIL ACTION - LAW RANDI J. EBERTS and JURY TRIAL DEMANDED JOSHUA A. CHAMBERS, Respondents PETITION FOR SPECIAL EMERGENCY RELIEF PURSUANT TO Pa.R.C.P. 1915.13 and 23 Pa C.S.A. §5313 AND NOW, comes the Petitioners, Bruce J. Szczypta and Kim A. Szczypta, husband and wife, by and through their attorneys, Johnson, Duffie, Stewart & Weidner, and files this Petition for Special Emergency Relief pursuant to P.R.C.P. 1915.13 and 23 P.C.S.A. §5313 and in support thereof avers as follows: 1. Petitioners, Bruce J. Szczypta and Kim A. Szczypta, husband and wife, are adult individuals who reside at 205 Deanhurst Avenue, Camp Hill, Cumberland County, Pennsylvania, 17011 (hereinafter collectively "Grandparents"). 2. Respondent, Randi J. Eberts age (17) seventeen (DOB July 25, 1986), is the child of Grandparents who currently resides at 205 Deanhurst Avenue, Camp Hill, Cumberland County, Pennsylvania, 17011 with her parents, the Grandparent Petitioners (hereinafter "Mother"). 3. Respondent, Joshua Allen Chambers age (18) eighteen (DOB September 16, 1984), is an adult individual who resides at 53 South 191n Street, Camp Hill, Cumberland County, Pennsylvania, 17011 (hereinafter "Alleged Father"). 4. On July 1, 2003, Mother gave birth to a minor child, Alexandria Nicole Eberts. Since birth, Mother and the minor child have lived with Grandparents. 5. The Father is an alleged father who has done nothing to establish a paternity and has not to date met the minor child. 6. Father was convicted of harassment, and defiant trespass and sentenced to concurrent terms of one year's probation with the condition that Alleged Father have no contact whatsoever with Mother. To date Alleged Father has done nothing to secure an exception to that Order to visit with the minor child. 7. Mother is currently unable to provide health insurance for the minor child who needs regular medical attention due to a broken collar bone suffered at birth. The infant child will continue to require regular checkups and her shots. Grandmother, Kim A. Szczypta, has been able to cover the child under her insurance from her employer (Health Assurance), but that coverage expired on August 1, 2003. 8. Should Grandparents gain physical and legal custody of the minor child, Grandparent, Kim A. Szczypta, could continue to provide critical health coverage for this infant child. 9. Mother is currently residing with her parents, Grandparents, and relies on Grandparents for emotional and financial needs as does the minor child. 10. On several occasions, the undersigned counsel has attempted to contact Joshua A. Chambers to ask for his consent to transfer physical and legal custody to Grandparents to allow the minor child to secure the medical coverage and to allow Grandparents to continue caring for the minor child which they have done since the child's birth. Voice mails left by undersigned counsel were not returned. 11. Mother will have full health coverage after one (1) year employment at Giant. Mother began work at Giant as a cashier approximately two (2) weeks prior to delivery and will return mid to late August. 12. Mother consents to Grandparents full legal and physical custody of the minor child on a temporary basis until such time that Mother can provide financially for the child. WHEREFORE, Petitioner Grandparents pray this Honorable Court to grant to them on an ex parte basis and temporarily physical custody and legal custody of the minor child for the reasons set forth herein. Respectfully submitted, :216736 JOHNSON, DUFFIE, STTEEWART & By M C. Duffie CERTIFICATE OF SERVICE AND NOW, this 14- day of August 2003, the undersigned does hereby certify that he did this date serve a copy of the foregoing Petition for Special Emergency Relief upon the other parties of record by causing same to be deposited in the United States Mail, first class postage prepaid, at Lemoyne, Pennsylvania, addressed as follows: Randi J. Eberts 205 Deanhurst Avenue Camp Hill, Pennsylvania 17011 Joshua A. Chambers 53 South 19`" Street Camp Hill, Pennsylvania 17011 JOHNSON, By: /A'- {i rk C. Duffle ttornev I.D. No. VERIFICATION I, BRUCE J. SZCZYPTA, verify that the statements made in this Petition are true and correct to the best of my knowledge, information and belief. I understand that false statements made herein are made subject to the penalties of 18 Pa. C.S.A. §4904, relating to unsworn falsification to authorities. Date: v flo 3 - 1;?'-173ruc J. StzcZy VERIFICATION I, KIM A. SZCZYPTA, verify that the statements made in this Petition are true and correct to the best of my knowledge, information and belief. I understand that false statements made herein are made subject to the penalties of 18 Pa. C.S.A. §4904, relating to unsworn falsification to authorities. Date: pl j??q im A. Szczypta ? f-a C> ?- _. ? '?` -,. ? ? ?- .. -> -? .? 4 r r? _ ? ?? _. ? ;_? ?, _y c- ',? K l? -G \? ^ II , AUG 2 9 2003 Johnson, Duffle, Stewart & Weidner By: Mark C. Duffle I.D. No. 75906 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 BRUCE J. SZCZYPTA and KIM A. SZCZYPTA, husband and wife, Petitioners V. RANDI J. EBERTS and JOSHUA A. CHAMBERS, Respondents ORDER OF COURT CIVIL ACTION - LAW JURY TRIAL DEMANDED AND NOW, this 3?1 day of August 2003, upon consideration of the Petition for Special Emergency Relief pursuant Pa.R.C.P. 1915.13 and 23 Pa.C.S.A. §5313, is hereby ordered that the Petitioner, the maternal grandparents of the minor child, Alexandria Nicole Eberts (DOB July 1, 2003) shall have full physical and legal custody of the minor child on a temporary and interim basis provided that the Petitioners file a complaint pursuant to 23 Pa.C.S.A. §5313, properly serving the alleged Father, Joshua A. Chambers, and referring the matter to a custody conciliator. Date: 63 03 Attorneys for Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. U3 - y?SL (30-t 2Yrl FILE4-+3FFlCF OF 03 3EP - 3 P °I 2: , CUB?, -- j L?:.i' PENN, SI'L?FeVbq ' ?? Johnson, Duffle, Stewart & Weidner By: Mark C. Duffle I.D. No. 75906 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 BRUCE J. SZCZYPTA and KIM A. SZCZYPTA, husband and wife, Petitioners V. RANDI J. EBERTS and JOSHUA A. CHAMBERS, Respondents ORDER OF COURT CIVIL ACTION - LAW JURY TRIAL DEMANDED AND NOW, this day of August, 2003, pursuant to Petitioners Petition for Special Emergency Relief pursuant to Pa.R.C.P. 1915.13 and 23 Pa.C.S.A. §5313, a hearing is scheduled in Courtroom Number of the Cumberland County Courthouse, on the day of 2003, at o'clock. BY THE COURT: Attorneys for Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 6.3- 14.1-M C1 A l4ll?.n J. BRUCE J. SZCZYPTA AND KIM A. IN THE COURT OF COMMON PLEAS OF SZCZYPTA PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 03-4256 CIVIL ACTION LAW RANDI J. EBERTS AND JOSHUA A. CHAMBERS IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Tuesday September 02, 2003 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. , the conciliator, at 39 West Main Street Mechanicsburg, PA 17055 on Tuesday, September 30, 2003 at 8:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ Dawn S Sundav Esq. L Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the schedulec conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South. Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 wv- r °/O? a'?,h .,o 4? J BRUCE J. SZCZYPTA AND KIM A. SZCZYPTA, Plaintiff vs. IN THE COURT OF COMMON PLEAS CUMBERI OF -AND COUNTY, PENNSYLVANIA 03-4256 RANDI J. EBERTS AND JOSHUA A. CHAMBERS Defendant IN CUSTODY ORDER OF COURT CIVIL ACTION LAW AND NOW, this day of consideration of the attached Custody Conciliation Report, it ered and directed as follows: upon L The Maternal Grandparents, Kim and Bruce Szczypta, shall have full legal and physical custody of Alexandria Nicole Eberts, born July 1, 2003. 2. The Mother, Randi J. Eberts, shall have unrestricted contact with the Child recognizing the Mother lives in the same residence. that 3. The Defendant, Joshua A. Chambers, may exercise any parental rights he may have with regard to the Child, only as arranged by written agreement of the Maternal Grandparents or by further Order of Court. 4. The parties agree to review the custody arrangements one year from the date of this order and acknowledge their intention for the Mother to assume custody of the Child at that time, if appropriate under the circumstances. 5. This Order is entered pursuant to an agreement of the parties at a custody conciliation conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. BY THE OURT 1,G /•VA Hess J cc: k C. Duffie, Esquire -Counsel for Maternal di J. Eberts, Mother Foshua A. Chambers, Defendant V _l ., ?l .612 `O. ?;??r;??s,?ra?? Y?n? ,lllvr;cE _, . + i, t ` ?, y Ju ??i ?'" ?' =n ?,, :. -? BRUCE J. SZCZYPTA AND KIM A. SZCZYPTA, Plaintiff vs. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 03-4256 RAND' J. EBERTS AND JOSHUA A. CHAMBERS Defendant IN CUSTODY Prior Judge: Kevin A. Hess CIVIL ACTION LAW CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: follows: 1. The pertinent information concerning the Child who is the subject of this litigation is as N`ME DATE OF BIRTH CURRENTLY IN CUSTODY OF Alexandria Nicole Eberts July 1, 2003 Maternal Grandparents and Mother 2. A Conciliation Conference was held on September 30, 2003, with the following individuals in attendance: The plaintiff Maternal Grandparents, Bruce J. Szczypta and Kim A. Szczypta, with their counsel, Mark C. Duffle, Esquire, and the Mother, Randi J. Eberts, who is not represented by counsel. The defendant, Joshua A. Chambers, did not attend the conference. However, his mother, Deborah Chambers, contacted the conciliator to advise that he would not be present. It appears that Joshua Chambers may seek testing prior to acknowledging paternity. The defendant was properly served with notice of the conference. 3. The parties attending the conference agreed to entry of an Order in the form as attached. It should be noted that the Mother, who is a minor, indicated that she agreed with the Maternal Grandparents' request for custody and did not wish to consult with an attomey. The Maternal Grandparents, with whom the Mother an d Child reside, stated that it is their primary objective to obtain medical coverage for the Child which is available through the Grandmother's employer. It was agreed that when the Mother obtains health insurance through her employment in approximately one year, the custody arrangements would be reviewed with the goal of transferring legal and physical custody to the mother. According to the Maternal Grandparents, Joshua Chambers is serving a one year term of probation for breaking into their home and is prohibited from having any contact with the Mother until she reaches the age of eighteen in July 2004. It is believed that the Father may be presently incarcerated for violation of probation and upon release may be undergoing inpatient rehabilitation. 4. Based upon the information presented at the conference and the parties' agreement, the conciliator recommends an Order in the form as attached. Date Dawn S. Sunday, Esquir Custody Conciliator BRUCE J. SZCZYPTA and KIM A. SZCZYPTA, husband and wife, Respondents, v. RANDI J. EBERTS Additional Respondent, JOSHUA A. CHAMBERS, Petitioner, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO: 034256 CIVIL TERM CIVIL ACTION - LAW PETTPION FOR MODIFICATION OF CUSTODY !-` l7 k AND NOW, comes the Petitioner, Joshua A. Chambers, by and through his attorneys, Mancke, Wagner & Spreha, and files the following Petition For Modification of Custody Order: 1. The Petitioner, Joshua A. Chambers, is an adult individual residing at 53 S. 19" 11 Street, Camp Hill, Cumberland County, Pennsylvania. 2. The Additional Respondent, Randi J. Eberts, is an adult individual residing at 204 Deanhurst Avenue, Camp Hill, Cumberland County, Pennsylvania. 3. The Respondents, Bruce J. Szczypta and Kim A. Szczypta, are adult 'individuals residing at 204 Deanhurst Avenue, Camp Hill, Cumberland County, Pennsylvania. 11. Petitioner believes and therefore avers that it is in the best interests of the child to grant shared legal custody of the child unto the Petitioner herein, and also periods of partial custody as the Court deems appropriate. WHEREFORE, Petitioner prays this Court to grant the relief as requested. Respectfully submitted, Mancke, Wagnyr & Spreha Prichard Wagner, Esquire I.D. #23103 2233 North Front Street Harrisburg, PA 17110 (717) 234-7051 Attorneys for Petitioner Date: '??19fD5? -3- VERIFICATION I verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. DATE: qr ?? - OS Johnson, Duffle, Stewart & Weidner By: Mark C. Duffle I.D. No. 75906 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 BRUCE J. SZCZYPTA and KIM A. SZCZYPTA, husband and wife, Petitioners V. RA? DI J. EBERTS and JOSHUA A. CHAMBERS, Respondents JURY TRIAL DEMANDED ORDER OF COURT Jr-' Q?QLcAe K AND NOW, this J` day of August, 2003, upon consideration of the Petition for Special gency Relief pursuant Pa.R.C.P. 1915.13 and 23 Pa.C.S.A. §5313, is hereby ordered that the )ner, the maternal grandparents of the minor child, Alexandria Nicole Eberts (DOB July 1, 2003) shall full physical and legal custody of the minor child on a temporary and interim basis provided that the mers file a complaint pursuant to 23 Pa.C.S.A. §5313, properly serving the alleged Father, Joshua A. and referring the matter to a custody conciliator. Attorneys for Plaintiffs BY THE OURT: S J. TRUE COPY In Testimony an?nne seal of sail AUG 2 9 200; IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. n2 - CIVIL ACTION - LAW FROM RECORD I h::r-, unto set my hand mrt_at darlisle, Pa. _ p 6... W w w '{Q ?a G r - I i_-) BRUCE J. SZCZYPTA AND KIM A. SZCZYPA PLAINTIFF V. IN THE COURT OF COMMON PLEAS OF . CUMBERLAND COUNTY, PENNSYLVANIA 03-4256 CIVIL ACTION LAW RANDI J. EBERTS, JOSHUA A. CHAMBERS IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Friday, May 13, 2005 upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. the conciliator, at 39 West Main Street, Mechanicsburg, PA 17055 on Wednesday, June 08, 2005 _ at 10:00 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT. By: /s/ Dawn S. Sunday, Esq. Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717)249-3166 ' _ n `yam 4?2 So Fi s N ?_ _'n RECEIVED JUN 13 2005 BRUCE J. SZCZYPTA AND KIM A. SZCZYPTA Plaintiff vs. RANDI J. EBERTS, JOSHUA A CHAMBERS Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 03-4256 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, this _/ day of J11- , 2005, upon consideration of the attached Custody Conciliation eport, it is ordered and directed as follows: 1. The prior Order of this Court dated October 6, 2003 shall continue in effect with the exception of Paragraph 3 which is modified by the provisions of this Order. 2. The Father shall have periods of custody with the Child at the Maternal Grandparents' residence every Sunday from 3:00 p.m. until 5:00 p.m. and every Wednesday from 5:00 p.m. until 6:30 p.m., beginning June 8, 2005. The Father shall also have a period of custody with the Child at the Maternal Grandparents' residence on July 4, with the specific times and arrangements to be established by agreement between all parties. 3. The Mother shall not be present for the Father's periods of custody unless specifically agreed between all parties. 4. The custody schedule for the Father may be expanded by agreement between all parties as to the frequency, duration and location as appropriate depending upon the Child's adjustment. 5. The provisions of this Order shall constitute a modification of the Protection From Abuse Order dated November 10, 2004 to the extent necessary to implement the Father's physical custody schedule. 6. The parties and their counsel shall attend an additional custody conciliation conference, in the office of the conciliator, Dawn S. Sunday, on July 18, 2005 at 8:30 a.m. for the purpose of reviewing the custodial arrangements. 7. This Order is entered pursuant to an agreement of the parties at a custody conciliation conference. cc: Mark C. Duffle, Esquire - Counsel for Maternal Grandparents t,F Richard Wagner, Esquire - Counsel for Father tYeandi J. Eberts, Mother 0b') Edward E. Guido J. OZ .1 1j:] 0i f?i?E SG?? ' _` ' M..ri I-I BRUCE J. SZCZYPTA AND KIM A. SZCZYPTA Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VS. RANDI J. EBERTS, JOSHUA A. CHAMBERS Defendant Prior Judge: Edward E. Guido 03-4256 CIVIL ACTION LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Alexandria Nicole Eberts July 1, 2003 Plaintiff Maternal Grandparents/Mother 2. A conciliation conference was held on June 8, 2005, with the following individuals in attendance: The Plaintiff Maternal Grandparents, Bruce and Kim Szczypta, with their counsel, Mark C. Duffle, Esquire, the Father, Joshua Chambers, with his counsel, P. Richard Wagner, Esquire, and the Mother, Randi J. Eberts, who is not represented by counsel in this matter. 3. This Court initially entered a Special Relief Order on September 3, 2003 granting the Maternal Grandparents physical and legal custody of the Child pending the filing of a custody complaint and conciliation conference. Following a conciliation conference, an Order was entered by agreement dated October 6, 2003 under which the Maternal Grandparents had legal and physical custody of the Child, the Mother had unrestricted access to the Child as she did then and still does reside with the Maternal Grandparents, and the Father had periods of custody as arranged by agreement. Subsequently, a Protection From Abuse Order was entered by the Court on November 10, 2004 prohibiting the Father from having any type of contact with the Mother. At least in part as a result of that Order, the Father's contact with the Child was discontinued. The Father filed this Petition for Custody which was resolved by agreement of the parties at the present conciliation conference. 4. The parties agreed to entry of an Order in the form as attached. It should be noted that Judge Guido is listed as the prior Judge in light of his most recent involvement in entry of the Protection From Abuse Order, which is somewhat modified by the attached proposed Order. Date Dawn S. Sunday, Esquire Custody Conciliator ,)hCEIVED JUL 25 20M BRUCE J. SZCZYPTA AND IN THE COURT OF COMMON PLEAS OF KIM A. SZCZYPTA Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. 03-4256 CIVIL ACTION LAW RANDI J. EBERTS, JOSHUA A. CHAMBERS Defendant IN CUSTODY ORDER OF COURT AND NOW, this day of 2005, upon _ 110 consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1.The prior Orders of this Court shall continue in effect as modified by this Order. 2. The Father shall have periods of custody with the Child at the maternal Grandparents' residence every week on Tuesday from 5:00 p.m. until 7:00 p.m., Thursday from 5:00 p.m. until 7:00 p.m. and Sunday from 3:00 p.m. until 7:00 p.m. 3. The parties and their counsel shall attend an additional custody conciliation conference, in the office of the conciliator, Dawn S. Sunday, on Wednesday, September 21, 2005 at 8:30 a.m. for the purpose of reviewing the custodial arrangements. 4. This Order is entered pursuant to an agreement of the parties at a custody conciliation conference. The parties may modify the provisions of this Order by consent of all parties. In the absence of consent of all parties, the terms of this Order shall con r d. THE COURT, Edward E. Guido J. cc: P. Richard Wagner, Esquire - Counsel for Father Mark C. Duffle, Esquire - Counsel for maternal Grandparents\. Randi J. Eberts, Mother 0 /? N u1f;? ` ? 'r P?(1?-? 1 Q ?6 ?,? ? ?Z ?;!?C 5?i132 a???!d ?'t?l ?? ;, BRUCE J.SZCZYPTA AND KIM A. SZCZYPTA Plaintiff vs. RANDI J. EBERTS, JOSHUA A. CHAMBERS Defendant Prior Judge: Edward E. Guido IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 03-4256 CIVIL ACTION LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH Alexandria Nicole Eberts July 1, 2003 CURRENTLY IN CUSTODY OF Plaintiff Maternal Grandparents/Mother 2. A follow-up conciliation conference was held on July 18, 2005, with the following individuals in attendance: The plaintiff maternal Grandparents, Bruce and Kim Szczypta, the Father, Joshua Chambers, with his counsel, P. Richard Wagner, Esquire, and the Mother, Randi J. Eberts, who is not represented by counsel in this matter. The plaintiffs' counsel, Mark C. Duffle, Esquire, was not present at the conference but spoke with the conciliator by telephone. 3. The parties agreed to entry of an Order in the form as attached. r" a a ass __06_a_,4 Dat-e° Dawn S. Sunday, Esquire Custody Conciliator BRUCE J. SZCZYPTA AND KIM A. SZCZYPTA Plaintiff VS. RANDI J. EBERTS, JOSHUA A. CHAMABERS Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 03-4256 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, this day of 2005, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The prior Orders of this Court dated October 6, 2003, June 14, 2005 and July 25, 2005 are vacated and replaced with this Order. 2. The maternal Grandparents, Kim and Bruce Szczypta, shall have legal custody and primary physical custody of Alexandria Nicole Eberts, born July 1, 2003. 3. The Mother, Randi J. Eberts, shall have unrestricted contact with the Child recognizing that the Mother lives in the same residence with the maternal Grandparents. 4. The Father shall have custody of the Child at the maternal Grandparents' residence every week on Tuesday from 5:00 p.m. until 7:00 p.m., Thursday from 5:00 p.m. until 7:00 p.m., and Sunday from 12:00 noon until 7:00 p.m. 5. The Mother shall not be present for the Father's periods of custody unless agreed otherwise between all parties. 6. The custody schedule for the Father may be expanded by agreement between all parties as to the frequency, duration and location as appropriate depending upon the Child's adjustment. 7. The provisions of this Order shall constitute a modification of the Protection from Abuse Order dated November 10, 2004 to the extent necessary to implement the Father's physical custody schedule. 8. The parties and their counsel shall attend an additional custody conciliation conference in the office of the conciliator, Dawn S. Sunday, on Tuesday, December 13, 2005 at 8:30 a.m. for the purpose of reviewing the custodial arrangements. 9, This Order is entered pursuant to an agreement of the parties at a custody conciliation conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. cc: Ark C. Duffle, Esquire - Counsel for Maternal Grandparents X. Richard Wagner, Esquire - Counsel for Father Xandi J. Eberts, Mother N, ?n 0 ! I Vj 9Z d3S SaOZ A'tliCr?vi'i0od 31Nl J0 j fp 1 BRUCE J. SZCZYPTA AND KIM A. SZCZYPTA Plaintiff VS. RANDI J. EBERTS, JOSHUA A. CHAMBERS Defendant Prior Judge: Edward E. Guido IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 03-4256 CIVIL ACTION LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Alexandria Nicole Eberts July 1, 2003 Maternal Grandparents/Mother 2. A conciliation conference was held on September 21, 2005, with the following individuals in attendance: The maternal Grandparents, Bruce J. Szczypta and Kim A. Szczypta, with their counsel, Mark C. Duffle, Esquire, the Father, Joshua A. Chambers, with his counsel, P. Richard Wagner, Esquire, and the Mother, Randi J. Eberts, who is not represented by counsel in this matter. 3. The parties agreed to entry of an Order in the form as attached. 2 c7cs Date Dawn S. Sunday, Esquire Custody Conciliator DEC 15 2005 BRUCE J. SZCZYPTA AND IN THE COURT OF COMMON PLEAS OF KIM A. SZCZYPTA Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. 03-4256 CIVIL ACTION LAW RANDI J. EBERTS, JOSHUA A. CHAMBERS Defendant IN CUSTODY ORDER OF COURT AND NOW, this 7W day of , 2005, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The prior Order of this Court dated September 26, 2005 shall continue in effect. 2. The parties and counsel shall attend a follow-up custody conciliation conference in the office of the conciliator, Dawn S. Sunday, on Wednesday, February 15, 2006 at 11:30 a.m. BY THE COURT, cc:,/? C?rk C. Duffie, Esquire - Counsel for maternal Grandparents Richard Wagner, Esquire - Counsel for Father ,,,Randi J. Eberts, Mother r CV Sa _1 TT ?L LLI V CI _..-.) LL ire _ ? N BRUCE J.SZCZYPTA AND KIM A. SZCZYPTA Plaintiff VS. RANDI J. EBERTS, JOSHUA A. CHAMBERS Defendant Prior Judge: Edward E. Guido IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 03-4256 CIVIL ACTION LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Alexandria Nicole Eberts July 1, 2003 Maternal Grandparents/Mother 2. A custody conciliation conference was held on December 13, 2005, with the following individuals in attendance: The maternal Grandparents, Bruce J. Szczypta and Kim A. Szczypta, with their counsel, Mark C. Duffle, Esquire, and the Father, Joshua A. Chambers, with his counsel, P. Richard Wagner, Esquire. 3. It was determined at the time of the conference that while no further adjustments to the existing custody arrangements are necessary at this time, a follow-up conference will be scheduled in approximately two months to review the schedule. 4. The conciliator recommends an Order in the form as attached. 1fae Date -? Dawn S. Sunday, Esquire Custody Conciliator JUL 31 2006 BRUCE J. SZCZYPTA AND IN THE COURT OF COMMON PLEAS OF KIM A. SZCZYPTA Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. 03-4256 CIVIL ACTION LAW RANDI J. EBERTS, JOSHUA A. CHAMBERS Defendant IN CUSTODY ORDER OF COURT AND NOW, this day of 2006, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The prior Order of this Court dated September 26, 2005 shall continue in effect as modified by this Order. 2. Beginning on Tuesday, July 25, 2006, the Father shall have partial physical custody of the Child for four consecutive weeks on Tuesdays and Thursdays from 5:15 p.m. through 7:15 p.m., for which the maternal Grandmother shall transport the Child to and from the Father's residence, unless the parties agree to other arrangements. In addition, for the first two Sundays during the four week period, the Father shall have custody of the Child at his residence from 12:00 noon until 7:00 p.m. for which the matemal Grandmother shall provide transportation, unless otherwise agreed, and for which the paternal grandmother shall be present at the Father's residence. During the second two Sundays during the four week period, the Father shall have custody of the Child without restriction at his home from 12:00 noon until 7:00 p.m. 3. The parties acknowledge that the purpose of the partial custody arrangements for the Father in this Order is to prepare the Child for a smooth transition to regular and ongoing periods of overnight custody with the Father. The parties further agree to conduct themselves throughout the period of adjustment in such a manner as to promote the Child's physical and emotional well being in the course of expanding the Father's periods of custody. 4. At the end of the four week adjustment period set forth in this Order, the parties shall cooperate in attempting to establish ongoing custodial arrangements in light of the Child's level of adjustment. In the event the parties are unable to reach an agreement at that time, counsel for any party may contact the conciliator to schedule an additional custody conciliation conference to review the custodial situation. BY Edward E. Guido J. cc: Mark C. Duffle, Esquire - Counsel for maternal Grandparents 8.03-aG P. Richard Wagner, Esquire - Counsel for Father Randi J. Eberts, Mother TI-I BRUCE J. SZCZYPTA AND KIM A. SZCZYPTA Plaintiff VS. RANDI J. EBERTS, JOSHUA A. CHAMBERS Defendant Prior Judge: Edward E. Guido IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 03-4256 CIVIL ACTION LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Alexandria Nicole Eberts July 1, 2003 Plaintiff Maternal Grandparents 2. A custody conciliation conference was held on July 19, 2006, with the following individuals in attendance: The plaintiff maternal Grandparents, Bruce and Kim Szczypta, with their counsel, Mark C. Duffle, Esquire, the Father, Joshua Chambers, with his counsel, P. Richard Wagner, Esquire, and the Mother, Randi J. Eberts, who is not represented by counsel in this matter. 3. The parties agreed to entry of an Order in the form as attached. d % (, -Ca-'44?: ?/ Date Dawn S. Sunday, Esquire Custody Conciliator ?.:I /ason P. Kutulakis, Esq. 36 South Hanover Street Carlisle, PA 17013 Attorney for Defendant rc FILED-OFFICE OF THE PROTHONOTARY P. Richard Wagner, Esquire PA Supreme Court I.D. #23103 Mancke, Wagner, & Spreha 2233 North Front Street Harrisburg, PA 17110 Telephone (717) 234-7051 Fax (717) 234-7080 Attorney For Petitioner 2DID mov 15 R"; ?* 01, CUMBERLAND GGU? T Y FEP,SYL`dANtA BRUCE J. SZCZYPTA and KIM A. SZCZYPTA, husband and wife, Respondents, V. RANDI J. EBERTS, JOSHUA A. CHAMBERS, Petitioner, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO: 03-4256 CIVIL TERM : CIVIL ACTION - LAW PETITION FOR MODIFICATION OF CUSTODY AND NOW, comes the Petitioner, Joshua A. Chambers, by and through his attorneys, Mancke, Wagner & Spreha, and files the following Petition For Modification of Custody Order: 1. The Petitioner, Joshua A. Chambers, is the Defendant in the above-captioned matter. 2. Respondents Bruce J. Szczypta and Kim A. Szczypta, are the Plaintiffs in the above- captioned matter. 3. The Respondent, Randi J. Eberts, is also a Defendant in the above-captioned matter. 4. Petitioner, Joshua A. Chambers, is the natural father of one child, Alexandria Nicole Eberts, born July 1, 2003; and Randi J. Eberts is the natural mother of said child. 5. A custody Order was entered August 2, 2006, a copy of which Order is attached hereto, incorporated herein by reference, made a part hereof, and marked as Exhibit A. no. oo?'t?? CX-V &.78 y ktLOW234. 6. Petitioner believes and therefore avers that it is in the best interests of the child to grant shared legal custody and partial physical custody of the child unto the Petitioner herein. WHEREFORE, Petitioner prays this Court to grant the relief as requested. Respectfully submitted, Mancke, Wagner & Spreha By. Attorneys for Petitioner Date: 'I ID -2- 2233 North Front Street Harrisburg, PA 17110 (717) 234-7051 VERIFICATION I verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. §4904, relating to unworn falsification to authorities. Date: -7- G- to BRUCE J. SZCZYPTA AND KIM A. SZCZYPTA Plaintiff vs. RANDI J. EBERTS, JOSHUA A CHAMBERS Defendant IN THE COUR CUMBERLANL 03-4256 C IN CUSTODY ORDER OF COURT AND NOW, this ?4 day of kte_? 1 2006, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The prior Order of this Court dated September 26, 2005 shall continue in effect as modified by this Order. 2. Beginning on Tuesday, July 25, 2006, the Father shall have partial physical custody of the Child for four consecutive weeks on Tuesdays and Thursdays from 5:15 p.m. through 7:15 p.m., for which the maternal Grandmother shall transport the Child to and from the Father's residence, unless the parties agree to other arrangements. In addition, for the first two Sundays during the four week period, the Father shall have custody of the Child at his residence from 12:00 noon until 7:00 p.m. for which the maternal Grandmother shall provide transportation, unless otherwise agreed, and for which the paternal grandmother shall be present at the Father's residence. During the second two Sundays during the four week period, the Father shall have custody of the Child without restriction at his home from 12:00 noon until 7:00 p.m. 3. The parties acknowledge that the purpose of the partial custody arrangements for the Father in this Order is to prepare the Child for a smooth transition to regular and ongoing periods of overnight custody with the Father. The parties further agree to conduct themselves throughout the period of adjustment in such a manner as to promote the Child's physical and emotional well being in the course of expanding the Father's periods of custody. i JUL 31 2006 4. At the end of the four week adjustment period set forth in this Order, the parties shall cooperate in attempting to establish ongoing custodial arrangements in light of the Child's level of adjustment. In the event the parties are unable to reach an agreement at that time, counsel for any party may contact the conciliator to schedule an additional custody conciliation conference to review the rimtntinl citnatinn BY Edward E. Guido J. cc: Mark C. Duffie, Esquire - Counsel for maternal Grandparents P. Richard Wagner, Esquire - Counsel for Father Randi J. Eberts, Mother FRUE COPY FROM RECOKU in Testimony whereof, I here unto set my hand and the seat of said Court at Carlisle, Pa• ay 4 'Li- Prothonrxa" V BRUCE J. SZCZYPTA AND KIM A. SZCZYPTA Plaintiff vs. RANDI J. EBERTS, JOSHUA A. CHAMBERS Defendant Prior Judge: Edward E. Guido IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 03-4256 IN CUSTODY CIVIL ACTION LAW CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Alexandria Nicole Eberts July 1, 2003 Plaintiff Maternal Grandparents 2. A custody conciliation conference was held on July 19, 2006, with the following individuals in attendance: The plaintiff maternal Grandparents, Bruce and Kim Szczypta, with their counsel, Mark C. Duffie, Esquire, the Father, Joshua Chambers, with his counsel, P. Richard Wagner, Esquire, and the Mother, Randi J. Eberts, who is not represented by counsel in this matter. 3. The parties agreed to entry of an Order in the form as attached. Cr 414 ,2 Date Dawn S. Sunday, Esquire Custody Conciliator BRUCE J. SZCZYPTA AND KIM A. IN THE COURT OF COMMON PLEAS OF SZCZYPTA c:) PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANLI Z ? _ 0 V rn m r- -Orn . 2003-4256 CIVIL ACTION LAW Z? 1 RANDI J. EBERTS AND JOSHUA A. - CHAMBERS IN CUSTODY t ) C_- DEFENDANT ORDER OF COURT AND NOW, Thursday, November 18, 2010 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before John J. Mangan, Jr., Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Tuesday, December 28, 2010 at 10:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ John . Man an r. Es q., M Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association }1??q?d ( C 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 4,1LED-0ga Lindsay Gingrich Maclay, Esquire OF PROTh01F4 R Y DALEY ZUCKER MEILTON Q. MINER & GINGRICH, LLC 2010 EC _f 8 24 1029 Scenery Drive Harrisburg, PA 17109 CUMBERLAND COUNTY (717) 657-4795 PENNSYLVANIA ImacInAdmunglaw.com IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA BRUCE J. SZCZYPTA AND KIM A. SZCZYPTA Plaintiffs Docket No. 2003-4256 V. CIVIL ACTION - LAW RANDI J. EBERTS AND JOSHUA A. (In Custody) CHAMBERS Defendants PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter my appearance and that of Daley Zucker Meilton Miner & Gingrich, LLC, on behalf of the Defendant, Randi J. Eberts (n/k/a Randi J. Nolen), in the above- captioned Custody matter. Date: By: DALEY ZUCKER MEILTON MINER & GINGRICH, LLC ,Kttdrney I.V.ft 87954 1029 Scene Drive Harrisburg, Pennsylvania 17109 (717) 657-4795 Attorney for Defendant, Randi J. Nolen BRUCE J. SZCZYPTA AND KIM A SZCZYPTA PLAINTIFF V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 2003-4256 CIVIL ACTION LAW RANDI J. EBERTS, JOSHUA A. CHAMBERS IN CUSTODY DEFENDANT ORDER OF COURT CIN C-) cY _.t Yr r-a n C) AND NOW, Tuesday, January 17, 2012 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before John J. Mangan, Jr., Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Tuesday, February 21, 2012 at 2:30 PM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ John J. Mangan, Jr., Esq. pr Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 69a 09f ,zpd lb lz421 `ay"Pr 8CL Pr ?? BRUCE J. SZCZYPTA and IN THE COURT OF COMMON PLEAS KIM A. SZCZYPTA, CUMBERLAND COUNTY, Plaintiffs PENNSYLVANIA Vs NO. 03-4256 s , . EBERTS and RANDI J CUSTODY ?' w.. . JOSHUA A. CHAMBERS, Defendants w a5 ,-.. ORDER OF COURT AND NOW, this If 4* day of April, 2012, upon presentation and consideration of the within Motion, it is hereby Ordered said Motion is granted in that Bruce J. Szczypta and Kim A. Szczypta are removed as parties to the above custody action and the caption is hereby amended to read: Randi J. Eberts vs. Joshua A. Chambers. All aspects of the Order of Court dated February 28, 2012 shall remain in full force and effect. B CO T: The Honorable Edward E. Guido Distribution: ?1)iane M. Dils, Esquire, 1400 N. Second Street, Harrisburg, Pa. 17102 .X?ndsay Gingrich Maclay, Esquire 635 N. 12t' St., Ste. 101, Lemoyne, Pa. 17043 Richard Wagner, Esquire, 2233 N. Front Street, Harrisburg, Pa. 17110 Diane M. Dils, Esquire I.D. No. 71873 1400 N. Second Street Harrisburg, Pa. 17102 (717) 232-9724 Fax: (717) 233-2567 Attorney f'or Bruce J. Szczypta and Kim A. Szczypta BRUCE J. SZCZYPTA and KIM A. SZCZYPTA, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Vs. RANDI J. EBERTS and JOSHUA A. CHAMBERS, Defendants NO. 03-4256 CUSTODY MOTION AND NOW, this 3rd day of April, 2012 comes Counsel for the above named Plaintiffs, Bruce J. Szczypta and Kim A. Szczypta and joined by Counsel for the Defendants, Randi J. Eberts and Joshua A. Chambers and respectfully confirm the following: 1. Diane M. Dils, Esquire is the Attorney of Record for the Plaintiffs, Bruce J Szczypta and Kim A. Szczypta, whose office is located at 1400 N. Second Street, Harrisburg, Pa. 17104. 2. Lindsay Gingrich Maclay, Esquire is the Attorney of Record for the Defendant, Randi J. Eberts, whose office is located at 635 N. 12th Street, Ste. 101, Lemoyne, PA. 17043. 3. P. Richard Wagner, Esquire, is the Attorney of Record for the Defendant, Joshua A. Chambers, whose office is located at 2233 N. Front Street, Harrisburg, Pa. 17110. 4. A conciliation conference was held in the above captioned matter on February 21, 2012, at which time, all parties with their Counsel were present. 5. Plaintiffs, Bruce J. Szczypta and Kim A. Szczypta, are the parents of the Defendant, Randi J. Eberts. 6. At the time of the birth of the subject minor child, Alexandria Nicole Eberts, born July 1, 2003, the natural mother, Randi J. Eberts, resided with her parents, the Plaintiff, and was a minor. 7. Plaintiffs, Bruce J. Szczypta and Kim A. Szczypta, had Court Order custody of their grandchild. 8. In December, 2011, natural mother, Randi J. Eberts, moved out of her parents' home and is residing with her husband, Eddie Nolen, and the minor child to this action. 9. At the time of the conciliation conference, all parties, through Counsel, agreed that the primary physical custody of the minor child would be turned over to Mother, Randi J. Eberts, and Plaintiffs, Bruce J. Szczypta and Kim A. Szczypta, would no longer be parties to the above custody action. l0.All parties agreed that the caption of the above matter would be changed to reflect the agreement, whereby Randi J. Eberts would be named Plaintiff and Joshua A. Chambers would be named Defendant, and Bruce J. Szczypta and Kim A. Szczypta would be deleted from the caption and the pending custody action as parties. 11.Bruce J. Szczypta and Kim A. Szczypta have executed an acknowledgement attached hereto confirming their agreement with the provisions set forth in this Motion. 12.Counsel for both natural parents have joined in this Motion, thereby acknowledging their agreement with the provisions set forth in this Motion. WHEREFORE, it is respectfully requested that your Honorable Court grant this Motion permitting Bruce J. Szczypta and Kim A. Szczypta to be removed as parties to the above captioned custody matter, and further, to Order the caption be amended to reflect Randi J. Eberts, Plaintiff vs. Joshua A. Chambers, Defendant, thereby deleting Bruce J. Szczypta and Kim A. Szczypta from the caption. Res lly submitte t A 3 Y: iane M. Di s, Esquire I.D. No. 71873 1400 N. Second Street Harrisburg, Pa. 17102 (717) 232-9724 I, Lindsay Gingrich Maclay, Esquire, hereby join in the within Motion on behalf of Randi J. Eberts, natural mother. Date Lindsay Gingrich Maclay, Esquire I.D. No. I, P. Richard Wagner, Esquire, hereby join in the within Motion on behalf of Joshua A. Chambers, natural father. ,:3 1-7 Z Dat . Rich gner, Esquire D. No. vA3ia?!> (Signed in counterparts) Defendant, thereby deleting Bruce J. Szczypta and Kim A. Szczypta from the caption. Respectfully submitted, BY: Diane M. Dils, Esquire I.D. No. 71873 1400 N. Second Street Harrisburg, Pa. 17102 (717) 232-9724 I, Lindsay Gingrich Maclay, Esquire, hereby join in the within Motion on behalf of Randi J. Eberts, natural mother. 13- Dat I.D. No. , Esquire I, P. Richard Wagner, Esquire, hereby join in the within Motion on behalf of Joshua A. Chambers, natural father. Date P. Richard Wagner, Esquire I.D. No. (Signed in counterparts) ACKNOWLEDGEMENT We, Bruce J. Szczypta and Kim A. Szczypta of 205 Deanhurst Avenue, Camp Hill, Pennsylvania 17011, hereby acknowledge that we have read the Motion as prepared by our Attorney, Diane M. Dils, Esquire, and we hereby sign this Acknowledgement confirming that we have turned primary physical custody of our grandchild, Alexandria, born July 1, 2003 over to our daughter, Randi J. Eberts, and that we desire to be removed as parties to the custody action filed to No. 03-4256 and hereby relinquish custody of our grandchild. Further, we respectfully request that our names be removed as Plaintiffs from the custody action entirely. We hereby acknowledge and verify that the statements made in this Motion and Acknowledgement are true and correct. We understand that false statements herein are made subject to the penalties of 18 PA. C.S. Section 4904 relating to unsworn falsification to authorities. 'z4or,/ Dated: A,2012 Bruce . Szczypta Ki A. Szczypta i/, // CERTIFICATE OF SERVICE I, Diane M. Dils, Esquire, hereby certify that a true and correct copy of the within Motion as been served upon the following individual, by first class, United States mail, postage prepaid, by placing a copy of the same at the post office in Harrisburg, Pennsylvania, on this 3rd day of April, 2012, addressed as follows: Lindsay Gingrich Maclay, Esquire 635 N. 12th Street, Ste. 101 Lemoyne, PA. 17043 P. Richard Wagner, Esquire 2233 N. Front Street Harrisburg, Pa. 17110 Respectfully submitted, BY: Diane M. ils, Esquire 1400 No h Second Street First Floor, Front Harrisburg, PA 17102 (717) 233-8743 I.D. No. 71873 Date: April 3, 2012 (a (_--I- RANDI J. EBERTS IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY,-PENNSYLVANIA. , C= V. No. 03-4256 CIVIL ACTION L ^s , { JOSHUA A. CHAMBERS Tim a IN CUSTODY or- - r_ c C) Defendant r i -4c, =-t, Prior Judge: Edward E. Guido, J. x q 25 ORDER OF COURT AND NOW this d ay of April 2012, upon consideration of the attached Custody Conciliation Report, it is Ordered and Directed as follows: Legal Custody: The Father, Joshua A. Chambers, and the Mother, Randi J. Eberts, shall have shared legal custody of Alexandria Nicole Eberts, born 07/01/2003. The parties shall have an equal right to make all major non-emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding her health, education and religion. Pursuant to the terms of 23 Pa.C.S. §5309, each parent shall be entitled to all records and information pertaining to the Child including, but not limited to, medical, dental, religious or school records, the residence address of the Child and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. 2. Physical Custody: Mother shall have primary physical custody of the Child subject to Father's physical custody as follows: a. Commencing Saturday 04/21/12, Father shall have custody on alternating weekends from Saturday 12:00 pm until Sunday 6:00 pm. Father shall keep Mother informed by text of how the evening activities with Alexandria progresses and also text Mother on Sunday morning to inform her how the overnight went. It is recommended that Father persevere through the overnight, within reason, in the event Alexandria expresses a desire to return to Mother. Neither party shall discuss adult information, including, but not limited to, custody litigation matters when Alexandria is in their respective custody. Father is directed to not discuss Alexandria's step-father with her; specifically the issue of calling him "dad". b. The non-custodial parent shall pick the Child up from the other parent at the designated times. C. Father shall have physical custody of the Child at such other times as the parties may mutually agree. Counseling: The parties are strongly encouraged to engage in therapeutic family counseling with a mutually-agreed upon professional. In the absence of agreement, the parties shall engage Guidance Associates for the counseling. The parents are also strongly encouraged to engage Alexandria in individual counseling as necessary or appropriate. In the absence of agreement, the parents shall engage Lauren Polson with Guidance Associates. After Alexandria has her first overnight at Father's, the parents shall set up an individual session for Alexandria to discuss how the overnight went. The cost of said counseling, after appropriate payment through insurance, shall be split equally between the parties. 4. The non-custodial parent shall have liberal telephone contact with the Child on a reasonable basis. 5. Holidays: The parents shall arrange the holiday schedule as mutually agreed upon; in the absence of agreement, a schedule shall be established at the conference on 04/27/12. 6. Neither party may say or do anything nor permit a third party to do or say anything that may estrange the Child from the other party, or injure the opinion of the Child as to the other party, or may hamper the free and natural development of the Child's love or affection for the other party. To the extent possible, both parties shall not allow third parties to disparage the other parent in the presence of the Child. 7. In the event of a medical emergency, the custodial party shall notify the other parties as soon as possible after the emergency is handled. 8. During any periods of custody or visitation, the parties shall not possess or use illegal substances or consume/be under the influence of alcoholic beverages to the point of intoxication. The parties shall likewise assure, to the extent possible, that other household members and/or house guests comply with this provision. 9. A telephonic conference call is hereby scheduled for Friday 04/27/12 at 1:30 pm with the assigned conciliator to see how Alexandria's overnight with Father went and to discuss a holiday schedule. The conciliator shall initiate said call. 10. This Order is entered pursuant to a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. By the rt, J. Distribution: .,,'Richard Wagner, Esq. ?Lindsay Gingrich-McClay Esq. vDr. Stanley Schneider, 412 Erford Rd., Camp Hill, PA 17011 'John J. Mangan, Esq. q?b RANDI J. EBERTS Plaintiff, V. JOSHUA A. CHAMBERS Defendant Prior Judge: Edward E. Guido, J. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 03-4256 CIVIL ACTION LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: The pertinent information pertaining to the Child who is the subject of this litigation is as follows: Name Date of Birth Currently in the Custody of Alexandria Nicole Eberts 07/01/2003 Primary Mother 2. Orders of Court were issued September 26, 2005 and August 02, 2006. A Conciliation Conference was held with regard to this matter on December 28, 2010, an Order issued January 19, 2011, a conference was held February 21, 2012, an Order issued February 28, 2012, a conference call was held April 04, 2012 and another conference call was held April 12, 2012 with the following individuals in attendance: The Father's counsel, Richard Wagner, Esq. in the first call The Mother's counsel, Lindsay Gingrich-McClay, Esq. Dr. Stanley Schneider After consultation with Dr. Schneider, the undersigned recommends the entry of an Order in the form as attached. L//j -l Date Joh J. gan, Esquire C tod Conciliator V RANDI J. EBERTS IN THE COURT OF COMMON PLEAS OF Plaintiff, CUMBERLAND COUNTY, PENNSYLVAN IA V. No. 03-4256 CIVIL ACTION LA*& ;:,- `i -i r'n =m ? x M;:= JOSHUA A. CHAMBERS IN CUSTODY Znr- - -W M. Defendant -<> c.n -?: < 'fl C-, CCD ?i Prior Judge: Edward E. Guido, J. =c. ORDER OF COURT r AND NOW this day of May 2012, upon consideration of the attached Custody Conciliation Report, it is Ordered and Directed as follows: Legal Custody: The Father, Joshua A. Chambers, and the Mother, Randi J. Eberts, shall have shared legal custody of Alexandria Nicole Eberts, born 07/01/2003. The parties shall have an equal right to make all major non-emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding her health, education and religion. Pursuant to the terms of 23 Pa.C.S. §5309, each parent shall be entitled to all records and information pertaining to the Child including, but not limited to, medical, dental, religious or school records, the residence address of the Child and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. 2. Physical Custody: Mother shall have primary physical custody of the Child subject to Father's physical custody as follows: a. Commencing Saturday 04/21/12, Father shall have custody on alternating weekends from Saturday 12:00 pm until Sunday 6:00 pm. It is specifically understood that the parties may expand Father's weekends to full weekends (i.e. Friday until Sunday) as Alexandria's comfort level at Father's residence increases. Father shall keep Mother informed by text of how the evening activities with Alexandria progresses and also text Mother on Sunday morning to inform her how the overnight went. It is recommended that Father persevere through the overnight, within reason, in the event Alexandria expresses a desire to return to Mother. Neither party shall discuss adult information, including, but not limited to, custody litigation matters when Alexandria is in their respective custody. Father is directed to not discuss Alexandria's step-father with her; specifically the issue of calling him "dad". b. The non-custodial parent shall pick the Child up from the other parent at the designated times. C. Father shall have physical custody of the Child at such other times as the parties may mutually agree. 3. Counseling: The parties are strongly encouraged to engage in therapeutic family counseling with a mutually-agreed upon professional. In the absence of agreement, the parties shall engage Guidance Associates for the counseling. The parents are also strongly encouraged to engage Alexandria in individual counseling as necessary or appropriate. In the absence of 4 41 agreement, the parents shall engage Lauren Polson with Guidance Associates. The cost of said counseling, after appropriate payment through insurance, shall be split equally between the parties. 4. The non-custodial parent shall have liberal telephone contact with the Child on a reasonable basis. 5. Holidays: The parents shall share and alternate the holidays as mutually agreed upon; in the absence of agreement, each parent has their respective Mother's/Father's Day from 9 am until 6 pm. The parties may contact the assigned conciliator within 90 days of the instant Order in the event the parties can not agree to the holidays. 6. Neither party may say or do anything nor permit a third party to do or say anything that may estrange the Child from the other party, or injure the opinion of the Child as to the other party, or may hamper the free and natural development of the Child's love or affection for the other party. To the extent possible, both parties shall not allow third parties to disparage the other parent in the presence of the Child. 7. In the event of a medical emergency, the custodial party shall notify the other parties as soon as possible after the emergency is handled. During any periods of custody or visitation, the parties shall not possess or use illegal substances or consume/be under the influence of alcoholic beverages to the point of intoxication. The parties shall likewise assure, to the extent possible, that other household members and/or house guests comply with this provision. 9. In the event that the parties can not agree to expand Father's custodial time or on the holidays, the parties may contact the assigned conciliator to schedule a conference within ninety days of this Order. 10. Relocation. The parties are advised that neither party shall hereafter relocate the child or children if such relocation will significantly impair the ability of a non-relocating party to exercise his or her custodial rights unless (a) every person who has custodial rights to the child/children consents to the proposed relocation or (B) the court approves the proposed relocation. The party seeking relocation must follow the procedures required by 23 Pa.C.S. §5337. 11. This Order is entered pursuant to a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. By e Court, J. Di 'bution: chard Wagner, Esq. ,, rhdsay Gingrich-McClay Esq. J hn J. Mangan, Esq. RANDI J. EBERTS Plaintiff, V. JOSHUA A. CHAMBERS Defendant Prior Judge: Edward E. Guido, J. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 03-4256 CIVIL ACTION LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the Child who is the subject of this litigation is as follows: Name Date of Birth Currently in the Custody of Alexandria Nicole Eberts 07/01/2003 Primary Mother 2. Orders of Court were issued September 26, 2005 and August 02, 2006. A Conciliation Conference was held with regard to this matter on December 28, 2010, an Order issued January 19, 2011, a conference was held February 21, 2012, an Order issued February 28, 2012, a conference call was held April 04, 2012 and another conference call was held April 12, 2012, an Order issued April 17, 2012 and a conference call was held May 04, 2012 with the following individuals in attendance: The Father's counsel, Richard Wagner, Esq. The Mother's counsel, Lindsay Gingrich-McClay, Esq. Lauren Poison from Guidance Associates After consultation with the parties and Lauren Poison, the undersigned recommends the entry of an Order in the form as attached. Date John J. gan, squire Custo y onciliator N d ,r-i C?- OD r c C-i `.a C-i P. Richard Wagner, Esquire Wagner & Spreha I.D. #23103 2233 North Front Street Harrisburg, PA 17110 (717)234-7051 Attorney For: Defendant t.... 2 i : v t� �, woo .�'? r:•;, PE(-irI4,- }'L •y,/ f,� fe j ���r T ,' RANDI J. EBERTS, Plaintiff/Respondent v. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO: 03-4246* 42.$10 : CIVIL ACTION - LAW JOSHUA A. CHAMBERS, Defendant/Petitioner Prior Judge: Edward E. Guido, J. PETITION FOR MODIFICATION AND NOW, comes the Petitioner, Joshua A. Chambers, by and through his attorneys, Wagner & Spreha, and files the following Petition For Modification of the Custody Order of May 11, 2012: 1. Your Petitioner, Joshua A. Chambers, is an adult individual residing at 2632 Rockland Road, McAlisterville, Juniata County, Pennsylvania, 17049, and is the Defendant in the above - captioned matter. 2. The Respondent, Randi J. Eberts, is an adult individual residing at 439 N. Enola Drive, Enola, Cumberland County, Pennsylvania, 17011, and is the Plaintiff in the above - captioned matter. : IN CUSTODY 3. The parties are the natural parents of Alexandria Nicole Eberts, born July 1, 2003. °cOnel CUMA- 64k citp/;19 24 SOVob 4. The parties are subject to an Order of Court dated May 11, 2012, a copy of which is attached hereto, incorporated herein by reference, made a part hereof, and marked as Exhibit A. 5. Neither party is a member of the Armed Forces. 6. Petitioner is aware of no other person asserting a right to custody or partial custody of the child. 7. Petitioner has prepared an Affidavit of Criminal Background to attach to this Petition. 8. Petitioner believes and therefore avers that it is in the best interests of the child to grant a Petition For Modification by increasing the periods of partial custody to which the Petitioner is entitled. WHEREFORE, Petitioner requests the Court to grant relief in the form of increasing his periods of partial custody. Date: 6/4/ ill Respectfully Submitted, Wagner & preha Richard gner, Esquire 3103 2233 North Front Street Harrisburg, PA 17110 Attorney for Petitioner -2- VERIFICATION I verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. §4904, relating to unsworn falsification to authorities. Date: 3 - 0/ RANDI J. EBERTS Plaintiff, v. JOSHUA A. CHAMBERS Defendant Prior Judge: Edward E. Guido, J. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNS 'LV 1N , .7,1 cpCri No. 03-4256 CIVIL'ACT.ION L IN CUSTODY ORDER OF COURT AND NOW this /1144day of May 2012, upon consideration of the attached Custody Conciliation Report, it is Ordered and Directed as follows: 1. Legal Custody: The Father, Joshua A. Chambers, and the Mother, Randi J. Eberts, shall have shared legal custody of Alexandria Nicole Eberts, born 07/01/2003. The parties shall have an equal right to make all major non -emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding her health, education and religion. Pursuant to the terms of 23 Pa.C.S. §5309, each parent shall be entitled to all records and information pertaining to the Child including, but not limited to, medical, dental, religious or school records, the residence address of the Child and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. 2. Physical Custody: Mother shall have primary physical custody of the Child subject to Father's physical custody as follows: a. Commencing Saturday 04/21/12, Father shall have custody on alternating weekends from Saturday 12:00 pm until Sunday 6:00 pm. It is specifically understood that the parties may expand Father's weekends to full weekends (i.e. Friday until Sunday) as Alexandria's comfort level at Father's residence increases. Father shall keep Mother informed by text of how the evening activities with Alexandria progresses and also text Mother on Sunday morning to inform her how the overnight went. It is recommended that Father persevere through the overnight, within reason, in the event Alexandria expresses a desire to return to Mother. Neither party shall discuss adult information, including, but not limited to, custody litigation matters when Alexandria is in their respective custody. Father is directed to not discuss Alexandria's step -father with her; specifically the issue of calling him "dad". b. The non-custodial parent shall pick the Child up from the other parent at the designated times. c. Father shall have physical custody of the Child at such other times as the partie may mutually agree. 3. Counseling: The parties are strongly encouraged to engage in therapeutic family counseling with a mutually -agreed upon professional. In the absence of agreement, the parties shall engage Guidance Associates for the counseling. The parents are also strongly encouraged to engage Alexandria in individual counseling as necessary or appropriate. In the absence of agreement, the parents shall engage Lauren Polson with Guidance Associates. The cost of said counseling, after appropriate payment through insurance, shall be split equally between the parties. 4. The non-custodial parent shall have liberal telephone contact with the Child on a reasonable basis. 5. Holidays: The parents shall share and alternate the holidays as mutually agreed upon; in the absence of agreement, each parent has their, respective Mother's/Father's. Day from 9 am until 6 pm. The parties may contact the assigned conciliator within 90 days of the instant Order in the event the parties can not agree to the holidays. 6. Neither party may say or do anything nor permit a third party to do or say anything that may estrange the Child from the other party, or injure the opinion of the Child as to the other party, or may hamper the free and natural development of the Child's love or affection for the other party. To the extent possible, both parties shall not allow third parties to disparage the other parent in the presence of the Child. 7. In the event of a medical emergency, the custodial party shall notify the other parties as soon as possible after the emergency is handled. 8. During any periods of custody or visitation, the parties shall not possess or use illegal substances or consume/be under the influence of alcoholic beverages to the point of intoxication. The parties shall likewise assure, to the extent possible, that other household members and/or house guests comply with this provision. 9. In the event that the parties can not agree to expand Father's custodial time or on the holidays, the parties may contact the assigned conciliator to schedule a conference within ninety days of this Order. 10. Relocation. The parties are advised that neither party shall hereafter relocate the child or children if such relocation will significantly impair the ability of a non -relocating party to exercise his or her custodial rights unless (a) every person who has custodial rights to the child/children consents to the proposed relocation or (B) the court approves the proposed relocation. The party seeking relocation must follow the procedures required by 23 Pa.C.S. §5337. 11. This Order is entered pursuant to a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. Distribution: Richard Wagner, Esq. Lindsay Gingrich-McClay Esq. John J. Mangan, Esq. By J. TRUE COPY FROM RECORD n Testimony whereof, I here unto set my hand and the eV of said Court at Carlisle, Pa. I Q�syot 11 , 20 IL- . Prothonotary F4 IN THE OURT OF COMMON PLEAS : A 4/J 144 COUNTY, PENNSYLVANIA : NO. G�3 ` 9,.74-111,01,b CV CIVIL ACTION - CUSTODY CRIMINAL RECORD / ABUSE HISTORY VERIFICATION 1, 31701 a/um law, hereby swear or affirm, subject to penalties of law including 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities that: 1. Unless indicated by my checking the box next to a crime below, neither nor any other member of my household have been convicted or pled guilty or pled no contest or was adjudicated delinquent where the record is publicly available pursuant to the Juvenile Act, 42 Pa.C.S. § 6307 to any of the following crimes in Pennsylvania or a substantially equivalent crime in any other jurisdiction, including pending charges: Check Other Date of conviction, guilty all that household plea, no contest plea or apply Crime Self member pending charges Sentence ❑ 18 Pa.C.S. Ch. 25 (relating to 0 0 criminal homicide) ❑ 18 Pa.C.S. § 2702 (relating to ❑ 0 aggravated assault) ❑ 18 Pa.C.S. § 2706 (relating to 0 ❑ �' ;._. terroristic threats) -n ❑. 18 Pa.C.S. § 2709.1 (relating 0 0 to stalking)? r" ❑ 18 Pa.C.S. § 2901 (relating to 0 0 c., -0 kidnapping) �� z- ❑ 18 Pa.C.S. § 2902 (relating to 0 ❑ - c,� unlawful restraint) ❑ 18 Pa.C.S. § 2903 (relating to 0 0 false imprisonment) ❑ 18 Pa.C.S. § 2910 (relating to 0 0 luring a child into a motor vehicle or structure) r Check all that apply Crime 0 18 Pa.C.S. § 3121 (relating to rape) 18 Pa.C.S. § 3122.1 (relating to statutory sexual assault) o 18 Pa.C.S. § 3123 (relating to involuntary deviate sexual intercourse) O 18 Pa.C.S. § 3124.1 (relating to sexual assault) o 18 Pa.C.S. § 3125 (relating to aggravated indecent assault) o 18 Pa.C.S, § 3126 (relating to indecent assault) o 18 Pa.C.S. § 3127 (relating to indecent exposure) o 18 Pa.C.S. § 3129 (relating to sexual intercourse with animal) Other Date of conviction, guilty household plea, no contest plea or Self member pending charges Sentence O 0 O 0 O 0 0 0 0 18 Pa.C.S. § 3130 (relating to conduct relating to sex offenders) 18 Pa.C.S. § 3301 (relating to 0 arson and related offenses) 18 Pa.C.S. § 4302 (relating to 0 incest) 18 Pa.C.S. § 4303 (relating to concealing death of child) 18 Pa.C.S. § 4304 (relating to 0 endangering welfare of children) 18 Pa.C.S. § 4305 (relating to dealing in infant children) 18 Pa.C.S. § 5902(b) (relating to prostitution and related offenses) 0 0 0 0 0 0 q -z4.2.60(.0 M -50_4 P- Check Other Date of conviction, guilty all that household plea, no contest plea or apply Crime Self member pending charges Sentence O 18 Pa.C.S. § 5903(c) or (d) 0 0 (relating to obscene and other sexual materials and performances) O 18 Pa.C.S. § 6301 (relating to 0 0 corruption of minors) ❑ 18 Pa.C.S. § 6312 (relating to 0 ❑ sexual abuse of children) 0 18 Pa.C.S. § 6318 (relating to 0 ❑ unlawful contact with minor) ❑ 18 Pa.C.S. § 6320 (relating to 0 0 sexual exploitation of children) O 23 Pa.C.S. § 6114 (relating to 0 0 contempt for violation of protection order or agreement) O Driving under the influence of 0 0 drugs or alcohol ❑ Manufacture, sale, delivery, 0 ❑ holding, offering for sale or possession of any controlled substance or other drug or device 2. Unless indicated by my checking the box next to an item below, neither I nor any other member of my household have a history of violent or abusive conduct including the following: Check all that apply Other household Self member Date O A finding of abuse by a Children & Youth Agency or 0 0 similar agency in Pennsylvania or similar statute in another jurisdiction ❑ Abusive conduct as defined under the Protection of Abuse 0 0 Act in Pennsylvania or similar statute in another jurisdiction Other: 0 rr 3. Please list any evaluation, counseling or other treatment received following conviction or finding of abuse: 4. If any conviction above applies to a household member, not a party, state that person's name, date of birth and relationship to the child: 5. If you are aware that the other party or members of the other party's household has or have a criminal/abuse history, please explain: I verify that the information above is true and correct to the best of my knowledge, information or belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. gnature Printed Name IN THE COURT OF COMMON PLEAS Plaintiff COUNTY, PENNSYLVANIA vs. NO. CV Defendant CIVIL ACTION - CUSTODY CRIMINAL RECORD / ABUSE HISTORY VERIFICATION 1, , hereby swear or affirm, subject to penalties of law including 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities that: 1. Unless indicated by my checking the box next to a crime below, neither nor any other member of my household have been convicted or pled guilty or pled no contest or was adjudicated delinquent where the record is publicly available pursuant to the Juvenile Act, 42 Pa.C.S. § 6307 to any of the following crimes in Pennsylvania or a substantially equivalent crime in any other jurisdiction, including pending charges: Check Other Date of conviction, guilty all that household plea, no contest plea or apply Crime Self member pending charges Sentence ❑ 18 Pa.C.S. Ch. 25 (relating to 0 0 criminal homicide) O 18 Pa.C.S. § 2702 (relating to 0 0 aggravated assault) O 18 Pa.C.S. § 2706 (relating to 0 ❑ terroristic threats) O 18 Pa.C.S. § 2709.1 (relating ❑ 0 to stalking) ❑ 18 Pa.C.S. § 2901 (relating to 0 0 kidnapping) O 18 Pa.C.S. § 2902 (relating to 0 0 unlawful restraint) O 18 Pa.C.S. § 2903 (relating to 0 0 false imprisonment) ❑ 18 Pa.C.S. § 2910 (relating to 0 0 luring a child into a motor vehicle or structure) Check Other Date of conviction, guilty all that household plea, no contest plea or apply Crime Self member pending charges Sentence ❑ 18 Pa.C.S. § 3121 (relating to 0 0 rape) O 18 Pa.C.S. § 3122.1 (relating ❑ 0 to statutory sexual assault) ❑ 18 Pa.C.S. § 3123 (relating to ❑ 0 involuntary deviate sexual intercourse) ❑ 18 Pa.C.S. § 3124.1 (relating 0 0 to sexual assault) ❑ 18 Pa.C.S. § 3125 (relating to 0 0 aggravated indecent assault) O 18 Pa.C.S. § 3126.(relating to 0 0 indecent assault) ❑ 18 Pa.C.S. § 3127 (relating to 0 0 indecent exposure) O 18 Pa.C.S. § 3129 (relating to ❑ 0 sexual intercourse with animal) ❑ 18 Pa.C.S. § 3130 (relating to ❑ 0 conduct relating to sex offenders) ❑ 18 Pa.C.S. § 3301 (relating to 0 0 arson and related offenses) ❑ 18 Pa.C.S. § 4302 (relating to 0 0 incest) O 18 Pa.C.S. § 4303 (relating to 0 0 concealing death of child) ❑ 18 Pa.C.S. § 4304 (relating to 0 0 endangering welfare of children) O 18 Pa.C.S. § 4305 (relating to 0 0 dealing in infant children) O 18 Pa.C.S. § 5902(b) (relating 0 0 to prostitution and related offenses) Check Other Date of conviction, guilty all that household plea, no contest plea or apply Crime Self member pending charges Sentence ❑ 18 Pa.C.S. § 5903(c) or (d) 0 0 (relating to obscene and other sexual materials and performances) ❑ 18 Pa.C.S. § 6301 (relating to 0 0 corruption of minors) ❑ 18 Pa.C.S. § 6312 (relating to ❑ 0 sexual abuse of children) O 18 Pa.C.S. § 6318 (relating to 0 0 unlawful contact with minor) ❑ 18 Pa.C.S. § 6320 (relating to 0 ❑ sexual exploitation of children) ❑ 23 Pa.C.S. § 6114 (relating to 0 0 contempt for violation of protection order or agreement) O Driving under the influence of 0 ❑ drugs or alcohol O Manufacture, sale, delivery, 0 0 holding, offering for sale or possession of any controlled substance or other drug or device 2. Unless indicated by my checking the box next to an item below, neither I nor any other member of my household have a history of violent or abusive conduct including the following: Other Check all household that apply Self member Date 0 A finding of abuse by a Children & Youth Agency or 0 0 similar agency in Pennsylvania or similar statute in another jurisdiction ❑ Abusive conduct as defined under the Protection of Abuse 0 0 Act in Pennsylvania or similar statute in another jurisdiction ❑ Other: ❑ ❑ 3. Please list any evaluation, counseling or other treatment received following conviction or finding of abuse: 4. If any conviction above applies to a household member, not a party, state that person's name, date of birth and relationship to the child: 5. If you are aware that the other party or members of the other party's household has or have a criminal/abuse history, please explain: I verify that the information above is true and correct to the best of my knowledge, information or belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. - Signature Printed Name RANDI J. EBERTS PLAINTIFF V. JOSHUA A. CHAMBERS DEFENDANT IN THE COURT OF COMMON PLEAS OF • CUMBERLAND COUNTY, PENNSYLVANIA 2003-4256 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Monday, June 16, 2014 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before John J. Mangan, Jr., Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Tuesday, July 22, 2014 9:00 AM for a Pre -Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. You must file with the Court a verification regarding any criminal record or abuse history regarding you and anyone living in your household on or before the initial in-person contact with the court (including, but not limited to, a conference with a Judge or custody conciliator) but not later than 30 days after service of the complaint or petition. No party may make a change in the residence of any child which significantly impairs the ability of the other party to exercise custodial rights without first complying with all of the applicable provisions of 23 Pa.C.S. §5337 and Pa.R.C.P. No. 1915.17 regarding relocation. FOR THE COURT, By: psi John J. Mangan, Jr., Esq. pr Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information.about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association �lJI eS Na/`It'd 32 South Bedford Street II Carlisle, Pennsylvania 17013 o VY '�/eri 6-5g. Telephone (717) 249-3166 0 49 /74 Ec . 0 /Ylanya4 Fcg . 6j47 -n 3 zrn c T 2 _.< cr, c ) r—r+c; C:: .:•_ . c r� RANDI J. EBERTS Plaintiff, v. JOSHUA A. CHAMBERS Defendant Prior Judge: Edward E. Guido, q_y) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENItlYI .AVIA No. 03-4256 CIVIL ACTION &ALW Pri OD IN CUSTODY a ORDER OF COURT AND NOW this / 41'44 day of August 2014, upon consideration of the attached Custody Conciliation Report, it is Ordered and Directed as follows: 1. Legal Custody: The Father, Joshua A. Chambers, and the Mother, Randi J. Eberts, shall have shared legal custody of Alexandria Nicole Eberts, born 07/01/2003. The parties shall have an equal right to make all major non -emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding her health, education and religion. Pursuant to the terms of 23 Pa.C.S. §5309, each parent shall be entitled to all records and information pertaining to the Child including, but not limited to, medical, dental, religious or school records, the residence address of the Child and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. 2. Physical Custody: Mother shall have primary physical custody of the Child subject to Father's physical custody as follows: a. Father shall have custody of Alexandria on alternating weekends from Friday 4:00 pm until Sunday 4:00 pm. Neither party shall discuss adult information, including, but not limited to, custody litigation matters when Alexandria is in their respective custody. b. The non-custodial parent shall pick the Child up from the other parent at the designated times. The parents have the option of designating a different exchange point, i.e. the McDonald's in Newport by mutual agreement at the designated times. c. Father shall have physical custody of the Child at such other times as the parties may mutually agree. 3. Custody Evaluation: The parties have agreed to have a custody evaluation performed by a mutually agreed upon professional. Since Mother is the party requesting the evaluation, the cost of the evaluation shall be paid for by Mother initially, but she shall reserve the right to request the cost reallocated between the parties at some later point in time. Both parties shall meaningfully participate in the evaluation. 4. The non-custodial parent shall have liberal telephone contact with the Child on a reasonable basis. 5. Holidays: The parents shall share and alternate the holidays as mutually agreed upon; in the absence of agreement the holidays shall be: Each parent has their respective Mother's/Father's Day from 10 am until 6 pm; Memorial Day shall be alternated between the parties from 10:00 am until 6:00 pm with Mother in odd years and Father in even years; Mother shall have the Fourth of July 10:00 am until 6:00 pm; Father shall have Labor Day 10:00 am until 6:00 pm; Mother shall have Easter 10:00 am until 6:00 pm; for Thanksgiving, Father shall have Wednesday 6:30 pm until Thursday 2:00 pm and Mother shall have from Thursday 2:00 pm until Friday 6:30 pm; for Christmas, Father shall have from 12:00 pm 12/24 until 12:00 pm 12/25 and Mother shall have 12:00 pm 12/25 until 12:00 pm 12/26. 6. Neither party may say or do anything nor permit a third party to do or say anything that may estrange the Child from the other party, or injure the opinion of the Child as to the other party, or may hamper the free and natural development of the Child's love or affection for the other party. To the extent possible, both parties shall not allow third parties to disparage the other parent in the presence of the Child. 7. In the event of a medical emergency, the custodial party shall notify the other party as soon as possible after the emergency is handled. 8. During any periods of custody or visitation, the parties shall not possess or use illegal substances or consume/be under the influence of alcoholic beverages to the point of intoxication. The parties shall likewise assure, to the extent possible, that other household members and/or house guests comply with this provision. 9. Relocation. The parties are advised that neither party shall hereafter relocate the child or children if such relocation will significantly impair the ability of a non -relocating party to exercise his or her custodial rights unless (a) every person who has custodial rights to the child/children consents to the proposed relocation or (b) the court approves the proposed relocation. The party seeking relocation must follow the procedures required by 23 Pa.C.S. §5337. 10. After the custody evaluation has been completed and the evaluation has been released, the parties specifically have the right to directly contact the assigned conciliator to schedule a conference if necessary. 11. This Order is entered pursuant to a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. J. tribution: 'chard Wagner, Esq., 2233 N. Front St., Harrisburg, PA 17110 Susan Good, Esq., 635 N. 12th St., Ste 101, Lemoyne, PA 17043 ../John J. Mangan, Esq. C0 i ES /12,1 8P eft y RANDI J. EBERTS IN THE COURT OF COMMON PLEAS OF Plaintiff, v. JOSHUA A. CHAMBERS Defendant Prior Judge: Edward E. Guido, J. CUSTODY CONCILIATION SUMMARY REPORT CUMBERLAND COUNTY, PENNSYLVANIA No. 03-4256 CIVIL ACTION LAW IN CUSTODY IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the Child who is the subject of this litigation is as follows: Name Date of Birth Alexandria Nicole Eberts 07/01/2003 Primary Mother Currently in the Custody of 2. Orders of Court were issued September 26, 2005 and August 02, 2006. A Conciliation Conference was held with regard to this matter on December 28, 2010, an Order issued January 19, 2011, a conference was held February 21, 2012, an Order issued February 28, 2012, a conference call was held April 04, 2012 and another conference call was held April 12, 2012, an Order issued April 17, 2012, a conference call was held May 04, 2012, an Order issued May 11, 2012, Father filed for modification and a conference was held August 12, 2014 with the following individuals in attendance: The Father, Joshua Chambers, with his counsel, Richard Wagner, Esq. The Mother, Randi Eberts, with her counsel, Susan Good, Esq. 3. Both parties agreed to have a custody evaluation performed. Father is requesting" expanded time during the school year as well as more time over the summer. The undersigned recommends, and the parties agree to, the entry of an Order in the form as attached. Date Jo l} J angan, Esquire sto y Conciliator (')